Daulat Ram Lalwani S/O Late Sh. ... vs State Of Rajasthan ...
2023 Latest Caselaw 4704 Raj/2

[2023:RJ-JP:21877]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Civil Contempt Petition No. 236/2023
                                     In
                 S.B. Civil Writ Petition No.13867/2017
Daulat Ram Lalwani S/o Late Sh. Parmandani, Aged About 60
Years, R/o 53-A, R.k. Puram Kota.
                                                                         ----Petitioner
                                         Versus
1.       State   Of Rajasthan, Through Secretary, Urban
         Development And Housing Department, Secretariat,
         Jaipur.
2.       Shri Om Prakash Bunkar,                       District       Collector      Kota
         Government Of Rajasthan.
3.       Shri Rajesh Joshi Secretary, Urban Improvement Trust,
         Kota Rajasthan.
                                                  ----Respondents-Contemnors

For Petitioner(s) : Mr. Dharmendra Pareek For Respondent(s) : Mr. Anil Mehta, AAG with Mr. Yashodhar Pandey

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order

11/09/2023

This contempt petition has been filed alleging willful

disobedience of the order dated 23.08.2017 passed by this Court

whereby, the respondents were expected not to violate the order

dated 16.09.2013 passed by the Court of Assistant Collector and

Magistrate as also to make demarcation of the land.

Learned counsel for the petitioner submits that the

respondents are raising construction of flats on the land under his

Khatedari and possession without its demarcation. Referring to the

site report dated 23.01.2012 (Annexure-R/7) appended with the

rejoinder, learned counsel submits that therein, it was agreed

between the parties that the demarcation should be done by the

Surveyor of the Land Settlement Department; but, without giving

[2023:RJ-JP:21877] (2 of 2) [CCP-236/2023]

him a proper opportunity, the demarcation has been done

allegedly on 10.04.2023 without assistance of the Land Settlement

Department. He, therefore, prays that the respondents may be

directed to purge the contempt and they may also be punished

suitably.

Per contra, learned counsel for the respondents, inviting

attention of this Court towards the contents of the reply filed by

them as also the various documents appended therewith including

the exchange deed, would submit that as requested and desired

by the petitioner himself, the land under his Khatedari has been

exchanged with the land belonging to the UIT, Kota. He submits

that as per demarcation report dated 10.04.0223, no construction

is found on the land of Khasra No.576/60, under Khatedari and

possession of the petitioner. He, therefore, prays for dismissal of

the contempt petition.

Heard. Considered.

From a perusal of the exchange deeds placed on record

alongwith the reply filed by the respondents and the demarcation

report dated 10.04.2023, this Court is not satisfied that the

petitioner has been able to establish beyond reasonable doubt that

the respondents are raising construction on the land under his

Khatedari and possession violating the order dated 23.08.2017

passed by this Court.

In view thereof, no contempt is made out. The contempt

petition is dismissed accordingly.

The notices are discharged.

(MAHENDAR KUMAR GOYAL),J

Manish/42

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